10.Article 13 and Basic Structure Doctrine

Question 1

What is the purpose of Article 13?

Answer 1

To protect fundamental rights from inconsistent laws.

Question 2

What is the context behind the creation of Article 13?

Answer 2

Fundamental Rights were being written while many British laws were already operative.

Question 3

Give an example of a British law that is still in operation today.

Answer 3

Indian Penal Code, 1860.

Question 4

What does Article 13 (1) state?

Answer 4

Laws in conflict with Fundamental Rights shall be inoperable until rectified.

Question 5

What principle did they follow in dealing with conflicting laws?

Answer 5

The doctrine of eclipse.

Question 6

What is the Doctrine of Eclipse?

Answer 6

The Doctrine of Eclipse is applied when a law violates fundamental rights, making it unenforceable but not void ab initio.

Question 7

How can an overshadowed law become enforceable again?

Answer 7

The overshadowed law can be enforced again if the restrictions imposed by fundamental rights are removed.

Question 8

What are the elements of the Doctrine of Eclipse?

Answer 8

The elements are:

1.It should be a pre-constitutional law.
2.It must be in conflict with fundamental rights.
3.The law does not become void but remains inoperative.
4.After an amendment to the fundamental right, the impugned law becomes operative again.

Question 9

What is the purpose of the Doctrine of Severability?

Answer 9

The purpose is to strike down inconsistent parts of a law, such as differential punishments, while keeping the remaining provisions intact.

Question 10

How does the Doctrine of Severability relate to the Doctrine of Eclipse?

Answer 10

The Doctrine of Severability is followed within the Doctrine of Eclipse to remove the parts of a law that are inconsistent with fundamental rights while preserving the remaining provisions.

Question 11

What is the purpose of the Doctrine of Eclipse?

Answer 11

The purpose is to protect Fundamental Rights by making laws that violate them unenforceable.

Question 12

Give an example of a discriminatory law from the British Era.

Answer 12

Different penal provisions for Britishers and Indians.

Question 13

What does Clause 2 of Article 13 state?

Answer 13

Laws made by the Parliament of India that conflict with Fundamental Rights are void ab initio.

Question 14

Can you provide an example of a law struck down as unconstitutional?

Answer 14

Section 66A of the Information Technology (IT) Act, 2000.

Question 15

What does Clause 3 (A) of Article 13 define?

Answer 15

It defines “what is law” and includes ordinance, order, law, bye-law, regulation, rule, or customs.

Question 16

What was the purpose of the Zamindari Abolition Act, 1948 in Bihar?

Answer 16

The act aimed to distribute land among the people to counter widespread inequality and concentration of land in the hands of a few.

Question 17

Why was the Zamindari Abolition Act struck down by the Patna High Court?

Answer 17

The act was struck down by the Patna High Court due to inconsistencies with the newly incorporated fundamental right to property in the constitution.

Question 18

What was the objective of the 1st Constitutional Amendment?

Answer 18

The amendment aimed to resolve the inconsistencies between the Zamindari Abolition Act and the right to property by making the Right to Property a limited right.

Question 19

What were the additions made by the 1st Constitutional Amendment?

Answer 19

The amendment added Article 31A, Article 31B, and Schedule IX to the constitution.

Question 20

What did Article 31A state regarding property acquisition?

Answer 20

Article 31A stated that property could be acquired for national importance purposes.

Question 21

What did Article 31B establish regarding laws in the IX Schedule?

Answer 21

Article 31B stated that laws listed in the IX Schedule could not be challenged in the courts, thus removing them from judicial review power.

Question 22

What was the Supreme Court’s ruling in the Shankari Prasad Case regarding the 1st Constitutional Amendment?

Answer 22

The Supreme Court held that the 1st Constitutional Amendment was valid.

Question 23

What question was raised in the Shankari Prasad Case regarding Parliament’s power to amend Fundamental Rights?

Answer 23

The question raised was, “Can Parliament amend Fundamental Rights?”

Question 24

What was the Supreme Court’s response to the question of Parliament’s power to amend Fundamental Rights?

Answer 24

The Supreme Court stated that Parliament can indeed amend Fundamental Rights.

Question 25

What question arose regarding the supremacy of Directive Principles and Fundamental Rights?

Answer 25

The question raised was, “Whether Directive Principles are supreme or Fundamental Rights are supreme?”

Question 26

How did the Supreme Court resolve the question of the supremacy of Directive Principles and Fundamental Rights?

Answer 26

The Supreme Court stated that both Directive Principles and Fundamental Rights are important, with Article 46 guiding their implementation through the “Doctrine of Harmonious Construction.”

Question 27

What question was raised regarding the validity of the IX Schedule as an amendment?

Answer 27

The question raised was, “Is the IX Schedule a valid Amendment?”

Question 28

What was the Supreme Court’s response to the question of the validity of the IX Schedule as an amendment?

Answer 28

The Supreme Court upheld the validity of the IX Schedule as an amendment.

Question 29

What question was raised regarding the definition of “law” under Article 13(2)?

Answer 29

The question raised was, “What is the definition of law under Article 13(2)?”

Question 30

What was the Supreme Court’s response to the question of the definition of law under Article 13(2)?

Answer 30

The Supreme Court held that amendments made under Article 368, which pertains to the amendment procedure, do not fall under the definition of law for the provision of Article 13(2).

Question 31

What is the Doctrine of Harmonious Construction?

Answer 31

The Doctrine of Harmonious Construction is a rule of interpretation that states that when there are two conflicting provisions in a statute, they should be interpreted in a way that allows both provisions to have effect.

Question 32

Why is the Doctrine of Harmonious Construction important?

Answer 32

It is important because it ensures that conflicting provisions in a statute are not rendered inoperative or useless, and attempts to give effect to both provisions, if possible.

Question 33

When is the Doctrine of Harmonious Construction applied?

Answer 33

The Doctrine of Harmonious Construction is applied when there are two conflicting provisions in a statute that cannot stand together and need to be interpreted in a way that reconciles their differences.

Question 34

What is the approach to be taken when applying the Doctrine of Harmonious Construction?

Answer 34

The approach is to interpret the conflicting provisions in a way that avoids rendering either provision inoperative or useless, and to adopt this interpretation only as a last resort.

Question 35

What is the purpose of the Doctrine of Harmonious Construction?

Answer 35

The purpose is to promote coherence and harmony in the interpretation and application of statutory provisions, ensuring that conflicting provisions are given effect to the extent possible.